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ARTICLE · 03 MAY 2013

Copyright, Fair Use And Artistic Works: Can A Work Be Transformed Without Being "Transformative"?

Fox Rothschild LLP
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A recent Second Circuit court decision appears to establish a broad fair use exception for the use of artistic works in new works.

United StatesIntellectual Property
James Singer
James Singer
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A recent Second Circuit court decision appears to establish a broad fair use exception for the use of artistic works in new works.  However, a careful look at the case — and especially at the examples which the court considered too close to call as a matter of law — could leave artists feeling confused about just how broad the exception really is.

The case of Cariou v. Prince involved several photographs by Patrick Cariou. Cariou published his photographs in a book entitled Yes Rasta.  Artist Richard Prince altered and incorporated 25 of Cariou's photos into various paintings and collages. Prince displayed his works in various exhibitions, and he also sold reproductions of a few of them.

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